Gay marriage lawsuit against Catholic school not expected to succeed

... “What they're trying to do is they're trying to make new law in this case,” Prof. Robert Destro told CNA. “I wouldn't be surprised if they didn't get their case dismissed.” Destro, a law professor of the Catholic University of America's Columbus School of Law, served 16 years on the U.S. Commission for Civil Rights.

He claimed that other teachers violated Catholic teaching on divorce and other matters, but Billard was the only teacher fired. Destro, however, said he did not think the lawsuit had a basis in precedent. He questioned the lawsuit’s claim that marriages fall under sex discrimination.

“The question whether or not certain marriages are legitimate, whether certain relationships are consistent with the moral teachings of the Church, has nothing to do with the definition of ‘sex’,” he said. The law allows religion to be a standard of employment in religious schools, he explained. This allows the school “to control the learning environment and who teaches in it.”

“It’s pretty clear from the law that the schools have the right and the obligation to stay in control of their curriculum,” he said. According to Destro, the question is not a matter of the teacher’s sexual orientation. “The question is about whether you’re bearing sufficient witness to the faith in the course of your teaching, another question entirely.”

Even if a teacher is not Catholic, Destro said, school contracts usually specify standards of behavior concerning teachers’ roles. CNA sought comment from the diocese but did not receive a response by deadline. ...